(a) the human rights of asylum seekers. To what extent does (a) international law and (b) Australian law guarantee human rights in this area? Compared to other similar jurisdictions around the world...

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Answered Same DayMay 01, 2021

Answer To: (a) the human rights of asylum seekers. To what extent does (a) international law and (b)...

Preeti answered on May 05 2021
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Introduction
Human rights are understood as basic entitlements that are available to everyone, regardless of gender, race, origin, and background. It acknowledges the fundamental worth of each person, based on the values of freedom, equality, respect and dignity. The provision of human rights places responsibilities on government and public authorities to consider and fulfil people’s rights at the time of developing policies, laws and delivering services. In 1948, United Nations adopted and developed the Universal Declaration of Human Rights defines basic rights and freedom that is ap
plicable to everyone. Australia has a proud record in adopting this framework, along with several other International Human Rights treaties
.
The realm of Human Rights includes two main aspects-civil and political rights which are concerned with freedom of speech and freedom from torture, and, social, economic and cultural rights which are concerned with right to health and right to education. Other than this, Australian government also agreed to uphold and respect many of international laws that recognise rights of specific group of people, such as different culture, ethnic and racial groups, people with disabilities, migrant workers and women
.
Human Rights in Australia
At Australia, Human Rights are defined in the Constitution and in the legislation passed by State, Territory parliaments and Commonwealth Parliament. The basic framework of Human Rights is government by Australian Human Rights Commission Act 1986 which defines five explicit individual rights in the Constitution, named as right to vote (section 41), freedom of religion (section 116), right to a trial by jury (section 80), protection against acquisition of property on unjust terms (section 51) and prohibition on any kind of discrimination on the basis of State of residency (section 117)
. Australia’s system of Human Rights protection makes every state and territory governments responsible to respect and secure Australia’s human rights responsibilities. However, state-level governments at the Australia owns the power to make, formulate and administer several laws relevant to human rights, and, design and implements its own framework of Human Rights, for example, Victoria Charter of Human Rights and Responsibilities, Human Rights Bill passed by Queensland government and many more
.
At the Federal level, Australian government is under mandatory obligation of respecting, protecting and fulfilling human rights. It implies that government is obliged to take every possible action ensuring people enjoying their basic human rights, and, refrain from any kind of actions that result in breach of human rights in any manner. There are range of laws developed at Australia for implementing human rights obligations, in particular, Australian Human Rights Commission Act 1986 (Cth) restates and reaffirmed state authorities regarding human rights instruments
. Under the Act, Australian Human Rights Commission owes a broad range of powers for overseeing and monitoring protection of human rights in Australia. The adequacy and effectiveness of federal government in fulfilling human rights obligations is also constantly measured and evaluated by Australian Human Rights Commission Act 1986
.The powers and functions of Australian Human Rights Commission include:
· Handling and resolving all sorts of complaints based on any kind of discrimination or breaches of human rights, as specified under federal laws.
· Conducting public inquiries in case of human rights issues of national importance.
· Conducting and ranging human rights education programs and resources for workplace and community members.
· Conducting and coordinating in-depth research into human rights issues and other discriminations.
· Rendering independent and impartial legal advice to lower courts in matters involving human rights principles
.
In recent years, a new Australian Human Rights Framework is introduced with underlying provisions:
a) Establishing a new Parliamentary Joint Committee on Human Rights for analysing where federal laws comply with international human rights law.
b) Constant review of legislation, policies and practices for compliance with International human rights treaties.
c) Passing new bill into Federal Parliament with a Statement of Compatibility regarding human rights obligations.
d) Provision of Human Rights education for federal public service and community.
e) Developing new National Action Plan on Human Rights for outlining future actions aimed at promoting and protecting human rights
.
In addition to the efforts and measures of Australian Human Rights Commission, Australia is also having a proud record of adopting and supporting several international human rights law. The country always found as playing an active participant in developing Universal Declaration and International Human Rights Treaties
. With the development of new international standards and treaties, Australia has endorsed several non-binding human rights instruments such as Universal Declaration of Human Rights and the Declaration on the Rights of Indigenous People, all these international treaties are signed and ratified as binding legal instruments.
Australia is party to several international treaties named as International Covenant on Civil and Political Rights (ICCPR), Convention on the Rights of the Child (CRC), Convention on the Rights of Persons with Disabilities (CRPD), Convention against Torture (CAT), and many more
. Along with this, Australia has also ratified several mechanisms that give or empower individuals with the right to complain directly to UN bodies in case of any kind of violation in their rights. Australia’s obligations defined under International laws and treaties are subject to high scrutiny, it is mandatory on the part of Australian government to publicly report to the UN with...
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